Thursday, September 05, 2024

Kamala Harris Will Win--At Least in the Popular Vote

Allan Lichtman has predicted (in a video produced by the New York Times) that Kamala Harris will win the presidential election.  As I said in a previous post in 2020, Lichtman (a historian at American University) has persuaded me that he has the best model for predicting presidential elections based on his study of all the presidential elections since 1860.  But there is one flaw in his model: although it almost perfectly predicts the popular vote winner, it cannot predict those cases where the loser in the popular vote wins in the Electoral College.

In 2000, he predicted that Al Gore would win, and indeed he did win the popular election by about 544,000 votes.  But Gore lost the Electoral College by a narrow margin (271 for Bush, 266 for Gore).  The Electoral College vote was decided when Florida's 25 electoral votes went to Bush.  The U.S. Supreme Court halted the recount of votes in Florida with Bush leading Gore by 537 votes out of almost 6 million votes cast.

Lichtman tried to argue that his prediction was not a failure because he had correctly predicted Gore's popular vote victory.  So, he seemed to concede that his model predicts the popular vote but not the Electoral College vote.

But then, in 2016, Lichtman became famous for predicting Trump's win, even though most people had predicted a Clinton win.  Of course, Trump actually lost the popular vote by almost 3 million votes.  So, in claiming that he had correctly predicted the election in 2016, Lichtman was contradicting what he had said in 2000--that his model only predicted the popular vote winner.  Lichtman should have admitted that in 2016 his model failed to predict Clinton's popular vote win.

In 2020, Lichtman correctly predicted Biden's win, who won both the popular vote and the Electoral College.

In 2020, I argued that Lichtman needed to add a 14th Key to his "13 Keys to the White House" that would say "The likely voters for the incumbent party are evenly distributed across the states so as to minimize wasted votes in the Electoral College system."  Answering yes to this statement would favor the incumbent party.

But now I see that this doesn't work as a modification of his model.  Instead of that, I would suggest that he needs to add a qualifying statement to the model:  This model predicts the popular vote winner in almost every case (except for elections like 2016), but it cannot predict when the popular vote winner is the loser in the Electoral College.

Lichtman is wrong, therefore, when he says: "Kamala Harris will be the next President of the United States."  What he should say is: I predict that Kamala Harris will win the popular vote for President, but it is possible that Trump could still win the Electoral College.

The reason for this weakness in his model is that the Electoral College allows presidential elections to be decided by a few votes in a few key states in ways that are not predictable by any model of presidential elections.  For example, in 2016, Trump won all 16 of the electoral votes for Michigan, even though he won by only 10,704 popular votes out of a total of 4,548, 382 votes.  In 2020, Biden won all 16 of the electoral votes for Georgia, even though he won by only 11,779 votes out of a total of 4,935, 487 votes.  The problem here is that the "winner-take-all" system of the Electoral College in most states (except for Nebraska and Maine) gives all of a state's electoral votes to the popular vote winner in the state, even when only a few thousand votes have made the difference, and thus the votes cast on the losing side have been wasted.

This obvious unfairness could be eliminated by either abolishing the Electoral College or by having state legislatures abolish the "winner-take-all" process for allocating electoral votes.

Let's turn now to Lichtman's model as applied to the 2024 presidential race.

Lichtman's fundamental insight--based on his study of presidential elections--is that voters in a presidential election are mostly judging the past performance of the incumbent party, and that what happens in the presidential campaign--campaign tactics, fluctuating polling, presidential debates, campaign fundraising, campaign advertising, and so on--don't really matter all that much, because all that matters for the voters--the past performance of the incumbent party--has been determined long before the campaign began.  Of course, this contradicts what most political commentators assume, which is that the outcome depends upon the day-to-day events of the presidential campaign.

From his study of the history, as laid out in his book Predicting the Next President: The Keys to the White House (Rowman and Littlefield, 2020 edition), Lichtman decided that there were 13 conditions that favor reelection of the incumbent party.  These 13 conditions could be framed as 13 statements, so that when six or more of these statements are false, the incumbent party loses.  Here I will state each of the keys followed by Lichtman's answer for 2024.

KEY 1  Incumbent party mandate:  After the midterm elections, the incumbent party holds more seats in the U.S. House of Representatives than it did after the previous midterm elections.

False.  Although the Democrats did better than expected in the 2022 midterms, they experienced a net loss in House seats.

KEY 2  Nomination contest:  There is no serious contest for the incumbent-party nomination.

True.  Harris won her nomination without any contest for the nomination.

KEY 3  Incumbency:  The incumbent-party candidate is the sitting president.

False.  The Democrats lost this key when Biden withdrew his candidacy for a second term.

KEY 4  Third party:  There is no significant third-party or independent campaign.

True.  With RFK Jr.'s withdrawal from third-party candidacy, this key goes to the Democrats.

KEY 5  Short-term economy:  The economy is not in recession during the election campaign.

True.  Despite the fact that some people have complained about the economy, there is no clear evidence of a recession.

KEY 6  Long-term economy:  Real annual per capita economic growth during the term equals or exceeds mean growth during the two previous terms.

True.  Growth during Biden's term has exceeded the growth over the two previous terms.

KEY 7  Policy change:  The incumbent administration effects major changes in national policy.

True.  Biden has made some major changes in policy--such as rejoining the Paris Accords on Climate Change, the CHIPS Bill, the Inflation Reduction and Climate Change Bill, and the Infrastructure Bill.

KEY 8  Social unrest:  There is no sustained social unrest during the term.

True.  Although there has been some social unrest associated with the pro-Palestine student protests, this has not been sustained over a long period.

KEY 9  Scandal:  The incumbent administration is untainted by major scandal.

True.  The attempts of the Republicans to find Biden guilty of some great scandal have failed.  Hunter Biden's legal problems have not created a personal scandal for the President.

KEY 10  Foreign or military failure:  The incumbent administration suffers no major failure in foreign or military affairs.

Undecided.  It's not clear right now whether the Biden Administration's policy for a cease-fire in Gaza will fail.

KEY 11  Foreign or military success:  The incumbent administration achieves a major success in foreign or military affairs.

Undecided.  For the reason just indicated for foreign or military success.

KEY 12  Incumbent charisma:  The incumbent-party candidate is charismatic or a national hero.

False.  Kamala Harris does not have a broadly bipartisan charismatic appeal (comparable to someone like Ronald Reagan).

KEY 13  Challenger charisma:  The challenging-party candidate is not charismatic or a national hero.

True.  Although the cult of Trump treat him like a God, this is a narrow base in the electorate.  Most voters find Trump repulsive rather than charismatic.  This makes an interesting point about Trump's "populism"--contrary to his claim to speak for all or at least most of the people (the "true Americans"), he speaks only for a minority.  That's the fundamental weakness in most populist movements.


This gives Harris and the Democrats eight true keys, and that's enough to win.  Even if the two foreign policy keys were to flip to false, that would constitute only five false keys, not enough for the Republicans to win.



                             Lichtman Applies His 13 Keys to Harris, 1 Hour and 14 Minutes

Wednesday, September 04, 2024

Are Most of Us Going to Hell? Is Don Giovanni Already There?

J. D. Vance has said that Kamala Harris "can go to Hell" for her failure to investigate the killing of 13 U.S. military service people during the evacuation from Afghanistan in August of 2021.  When he was asked whether he should apologize for using such language, he said that he would not apologize for using "a colloquial phrase" to express his moral disgust with Harris.  Of course, he is right that most of us today use the words "go to Hell" as a "colloquial" expression of our emotional disgust with someone.  

This suggests that we have forgotten that for most of Christian history, orthodox Christians spoke of "going to Hell" as a literally true Christian doctrine--that most human beings after they die will go to Hell where they will be eternally tormented by God as punishment for their wickedness.  As I have indicated in my recent posts on Vance and his association with Catholic Integralism, Vance professes to be a traditionalist Catholic who believes in the truth of Christian orthodoxy, who also believes that the identity of America as a Christian nation depends on enforcing belief in that Christian orthodoxy.  

For the Catholic Integralists, the highest end of man is to avoid eternal torment in Hell and enjoy eternal beatitude in Heaven.  And achieving that end requires a Catholic theocracy: the temporal power of the state must serve the spiritual power of the Catholic Church, the only true Church that can lead human beings to eternal salvation and away from eternal punishment.  But as I have argued previously, the Catholic Integralists don't really believe this, because they are still liberals who accept the liberal principles of religious liberty and toleration.

Moreover, people like Vance and the Catholic Integralists--and most Christians generally today--believe that the truth of Christian orthodoxy has been divinely revealed by the Holy Spirit through scripture and tradition.  But that belief is denied by the fact of religious pluralism--by the fact that devout Christians cannot reach agreement on fundamental Christian doctrines such as the doctrine of Hell as eternal torment for most human beings.  This confirms Locke's claim that "everyone is orthodox to himself," and for that reason we need to secure the religious liberty and toleration that will allow a free debate over religious doctrines without any coercive enforcement of one church's orthodoxy over another's.

Last year, the Gallup polling organization reported that the proportion of Americans professing to believe in God, Heaven, and Hell has declined over the past 24 years.  In 2001, 90% believed in God, 83% believed in Heaven, and 71% believed in Hell.  In 2023, that had gone down to 74% (God), 67% (Heaven), and 59% (Hell).  In some other countries, the percentages are lower.  In Great Britain, for example, it's 49% for God, 41% for Heaven, and 26% for Hell.  Hell is always less popular than Heaven.  Nevertheless, the international surveys report that in a few countries--like Egypt and Morocco--almost 100% of people report believing in Hell.

Over the years, I have written many posts on the evolutionary history of Heaven and Hell.  And in the last four hundred years of that evolutionary history, particularly in Europe and North America, there has been a notable decline in belief in the Christian orthodox doctrine of Hell as the place for the eternal torment of most human beings.


DID DON GIOVANNI GO TO HELL?

Recently, I had to think more about this when my wife and I attended performances of Verdi's La Traviata and Mozart's Don Giovanni at the Santa Fe Opera.  Don Giovanni was a legendary libertine who was reputed to have seduced (or raped) over 2,000 women.  The Italian libretto for Mozart's opera, written by Lorenzo Da Ponte, is based on this old story.

At the beginning of the opera, in seventeenth-century Seville, we see the Don struggling with Donna Anna, who is resisting his sexual assault.  Donna Anna's father, the Commendatore, comes out of his palace, and he challenges Don Giovanni with a sword.  At first, the Don is reluctant to fight with an old man, but finally he draws his sword and easily kills him.  Leporello, the Don's servant, is horrified by what he has seen.  The Don and Leporello leave together.  

Meanwhile, Donna Anna and Don Ottavio, her betrothed, come out of the palace and are shocked by the dead body of the Commendatore.  Together, they sing about their "oath to the gods . . . to avenge that blood."  That sets the recurrent theme in the opera of "vengeance" as indicated by the many appearances of the Italian word vendetta in the libretto.  Every woman who is assaulted or betrayed by Don Giovanni seeks vengeance against him.  And as they warn other women about his predatory ways, the Don fails in all his attempts at new conquests because he cannot escape his bad reputation.

Near the end of the opera, the Don and Leporello are walking through a graveyard with monuments and statues, including one of the Commendatore.  The Commendatore's marble statue speaks: "You will cease laughing before dawn!"  Mozart uses three trombones here for the first time in the opera.  In the eighteenth century, trombones were used mainly for religious music and for supernatural scenes in operas.  This sudden entrance of trombones in what is a comic opera must have awed Mozart's audiences.

Don Giovanni is surprised, and he asks Leporello to read the inscription on the statue: "Here I await vengeance [vendetta] on the wicked man who brought me to my death."  Leporello is frightened.  But the Don is amused.  He invites the statue to come to dinner.  The statue agrees.

Later, Don Giovanni is having a grand party in the banquet-hall of his palace.  The statue arrives and enters the room.  He invites the Don to have dinner with him.  The Don agrees.  He gives his hand to the statue as his pledge.  The statue's hand is freezing cold.  He orders the Don:  "Repent, change your life, it is your last moment!"  Giovanni refuses to repent.

Roaring flames begin to surround Giovanni, and demon voices are heard from below: "All is as nothing compared to your crimes! Come!  Worse is in store for your!"

Giovanni cries: "Who tears my spirit?  Who shakes my innards?  What twisting, alas, what frenzy!  What hell.  What terror."

With the demon voices screaming, Giovanni cries "Ah!" as he is enveloped by flames and sinks to hell.

A few minutes later, all of the main characters appear in the room.  Leporello explains what happened: "right over there the devil swallowed him up."  Don Ottavio says: "we all have been avenged by heaven."  The opera ends with all singing the "very ancient song"--"And the death of wicked men is always just like their life."

Don Giovanni has always been one of the most popular of all operas.  And some opera critics have said that it is the greatest of all operas.  And yet many people have found the end of the opera with the Don's descent into Hell unsatisfying.  This ending just does not feel right.


                     Don Giovanni, the Commendatore Scene, from the Movie Amadeus


Or perhaps it does not feel right only for modern secular audiences and opera directors who have no understanding of Mozart's Catholic Christian conception of Hell as the place where evil men like Don Giovanni will be eternally tormented for their sins.  

But that's not a good answer, because the religious language in Don Giovanni sounds more like a vaguely pagan polytheistic view of the Underworld rather than a Christian view of Hell.  The characters invoke "the gods" without any reference to the God of the Bible or to Jesus.  In explaining what has happened to the Don, they say that he has gone to be with "Proserpina and Pluto"--the ancient Roman gods of the Underworld.  This is very strange for people supposedly living in the Catholic Spanish world of 17th century Seville!

Furthermore, whenever the characters appeal to a "just heaven" to punish Giovanni, they seem to be projecting their own personal vendetta onto "heaven."  For example, Donna Elvira tells Giovanni: "A just heaven willed that I would find you, in order to accomplish its own vendetta and mine."

What I see here is confirmation of Judge Morris Hoffman's claim that evolution has built our brains to punish cheaters.  Our brains incline us to three kinds of punishment.  As first-party punishment, most human beings punish themselves for cheating through conscience and guilt.  As second-party punishment, wrongdoers are punished by retaliation and revenge (delayed retaliation) from their victims.  As third-party punishment, we punish wrongdoers for harming others with retribution.

It's clear to me that Don Giovanni has no moral conscience or sense of guilt, and so he doesn't punish himself for his wrongdoing.  He's a psychopath or what I have called a "moral stranger"--someone who does not feel the moral sentiments that most of us feel.

Nevertheless, Giovanni is punished by the second-party retaliation and revenge coming from his victims and by the third-party retribution coming from those who observed his wrongdoing.  If he really was sent to Hell by the gods of a "just heaven," that would be a supernatural form of third-party punishment.

Stephen Barlow--the Director of the Santa Fe Opera's production of Don Giovanni--disagrees with my claim that Giovanni has no conscience, and he even designed his production of the opera to show that Giovanni's guilty conscience drove him to kill himself at the end, and this self-inflicted punishment takes the place of his being thrown into Hell.

Barlow's idea was to alter the staging of Don Giovanni to make the story similar to Oscar Wilde's The Picture of Dorian Gray.  Dorian Gray is a young man in Victorian England whose beauty is admired by both men and women.  When an artist paints a portrait of Dorian, he realizes that while he will always be beautiful in the painting, he will lose his beauty as he ages.  So, he wishes that the face in the portrait would age, while he remains young and beautiful.  His wish is fulfilled.  He devotes his life to beauty and sensuous pleasures, and he experiments with every vice, even murder.  Reflecting the increasing degradation of his soul over the years, his portrait becomes ever more hideously ugly, while he still looks beautiful.

Struggling with his guilt, he decides that he must destroy the only evidence of his vicious conduct--the portrait.  He takes a knife and stabs the picture.  Doing that, he actually stabs himself in the heart and dies.  The next day, when people find his body, they see a withered and ugly corpse, while the portrait beside him is young and beautiful again.

To mimic this story, Barlow staged his Don Giovanni in Santa Fe as set in Victorian England.  At the opening of the opera, the audience sees a young and beautiful Giovanni having his portrait painted.  Then, at the end of the opera, the statue of the Commendatore is replaced by a portrait of the Commendatore, who looks like an aged and ugly Giovanni.  The Commendatore steps out of the portrait to challenge Giovanni.  Refusing to repent, Giovanni rushes toward the painting and stabs it with a knife.  But then Giovanni falls back and collapses.  He has actually stabbed himself and dies.  His guilty conscience has driven him to kill himself.

I do not see any evidence in the music or the libretto of Don Giovanni to justify Barlow's claim that Giovanni is punished and finally killed by his own guilty conscience.  The Don as depicted in this opera acts like a psychopathic libertine who has no conscience, whose punishment comes not from himself but from those provoked by his wrongdoing into a vendetta of retaliation and retribution.

I suspect, however, that many people in the Santa Fe audience found Barlow's clever alteration of the opera's ending more satisfying than Mozart's staging of the Don's descent into the eternal torment of Hell.  This is because in recent centuries, beginning in the seventeenth and eighteenth centuries, belief in the Christian doctrine of Hell as a place of eternal torment has been in decline, particularly in Europe and North America.

In my next post, I will say more about this cultural evolutionary history of the symbolic reality of Hell, so that increasingly many people today, even devout Christians, can no longer believe in that traditional doctrine of Hell.

Thursday, August 29, 2024

Lockean Meritocracy Satisfies the Evolutionary Natural Desire for Social Status and Egalitarian Dominance

There are at least twenty natural desires that are universal to all human societies because they are rooted in human biology as shaped by evolutionary history.  If the good is the desirable, then these twenty natural desires provide a universal basis for moral judgment.  A Lockean liberal social order can be judged to be the best regime in so far as it allows for the fullest satisfaction of those natural desires.

For example, there is a natural desire for social status that was formed in the Lockean evolutionary state of nature.  And we can see how the meritocracy in a Lockean liberal society satisfies that desire for social status.

Human beings generally desire social status through comparative social ranking.  This is a human universal found in all human societies (Brown 1991).  Human beings' esteem for themselves requires they be esteemed by others whose judgments they respect.  Human beings attain high social status through prestige, fame, or honor within the groups to which they belong.  And they can be ranked differently in different groups.  Although some societies are much less hierarchical than others, all societies rank individuals as higher or lower based on age, sex, kinship, physical formidability, physical attractiveness, social competence, and practical skills.

Individuals become socially dominant through any trait or activity that elicits deference in others.  A few charismatic individuals become heroic leaders because of their extraordinary power to win the respect of the people around them.  

And yet, subordinate individuals can resist excessive or exploitative dominance and thus limit the power of dominant individuals.  Subordinate individuals can form large coalitions to challenge those at the top of the hierarchy.

Men generally (on average) have a stronger desire for dominance in social hierarchies than do women.  Men compete for mating opportunities, and dominant men are generally more attractive to potential mates.

In a recent article published in The Quarterly Review of Biology, Noah Smith and Reuven Dukas have surveyed the evidence and arguments for the evolutionary psychology of social ranking in humans and other animals.  They identify five major dimensions of social ranking in humans and two subcategories for each dimension:  physical formidability (height and muscularity), social conventions (age and nepotism), physical attractiveness (symmetry and health), social competence (empathy and extraversion), and practical competence in complex skills (intelligence and perseverance).  Although I agree with them about these five dimensions, they have overlooked a sixth major dimension of social ranking--the counter-dominance of subordinates that can establish what Christopher Boehm called a "reverse-dominance hierarchy" or "egalitarian dominance," which corresponds to what Locke identified as the natural equality of human beings in the state of nature.

Let's consider each of these six dimensions of social ranking.

(1)  Physical formidability.  Many animals live in social hierarchies in which higher ranking individuals can claim priority in access to scarce resources (such as food and shelter) and opportunities for sexual mating (Wilson 1975; Tibbets et al. 2022).  This ranking is mostly determined by physical formidability, which is the ability of an individual to win a fight.  Those who win a fight are more likely to win the next fight.  Those who lose a fight are more likely to lose the next fight.  Those with a reputation as winners can usually avoid costly fights by acting assertively and deterring challengers.  Those with a reputation as losers avoid costly fights with those who seem to be winners.  Consequently, actual fighting is usually rare, because conflicts are often settled through ritualistic displays of dominance and submission without the violence of real fighting.

Although physical formidability is not as important for human ranking as it is for nonhuman animals, it does have some influence in human social ranking.  For example, height is a cue for physical formidability, and height is correlated with high status and leadership positions (Cheng and Tracy 2014; Zeng et al. 2022).  One illustration of this is that the Presidents of the United States have been generally taller than the average for men.  But some of this correlation between height and high status could be explained by the correlation of height with intelligence and cognitive ability, because nutritional status during childhood affects both height and cognitive development in adults (Lindqvist 2012).

(2)  Social conventions.  Age and nepotism are two social conventions for determining social status that are important for both nonhuman animals and human beings.  Adults rank higher than children, and often older adults rank higher than younger adults (Redhead and Power 2022).  Nepotism (the tendency to favor one's kin) also shapes social hierarchies in which one's social ranking depends on the ranking of one's family (Bellow 2004).

(3)  Physical attractiveness.  Physically attractive people tend to have a high social status.  They have more friends, higher incomes, and better jobs.  This is true for both men and women (Frevert and Walker 2014).  Despite the variability in the perceptions of physical beauty, there are some general patterns that are universal, such as the judgment that the bodily signs of health and vigor, the youthful nubility of women, and facial and bodily symmetry are physically attractive (Jones et al. 2001).

(4)  Social competence.  In all human societies, people recognized for their social competence have high social status.  Social competence is the skill for performing social tasks and handling social interactions--such as leading a social group or mediating social disputes.  This requires a mixture of social intelligence, sociable personality traits, and social experience.  Socially competent people show cognitive sympathy (understanding other people's mental states) and affective sympathy (responding to people's mental states with appropriate emotion).  They also show sociable personality traits such as extraversion (Dukas and Bailey 2024; Smith and Dukas 2024).

(5)  Practical competence in complex skills.  In hunter-gatherer societies, people have high social status when they show competence in complex tasks such as hunting and toolmaking (Henrich 2016).  In modern societies, people gain high status when they show professional expertise in providing all kinds of goods and services (Anderson and Willer 2014).

(6)  Counter-dominance.  Smith and Dukas fail to recognize the importance of counter-dominance for subordinate individuals who need to resist exploitative dominance by socially superior individuals.  In their analysis of the traits necessary for social competence, Smith and Dukas (2024:164) include "the ability to control the impressions that other people have of an individual, and the ability to manipulate others for personal gain," and in support of this idea, they cite Niccolo Machiavelli's Prince and the writing of Richard Christie and Florence Geis (1970) on the "Machiavellian personality."

But they do not notice that the longest chapter in Machiavelli's The Prince--Chapter 19 on "Of Avoiding Contempt and Hatred"--is about how princes who become hated by the people they rule open themselves up to conspiracies leading to their assassination.  Although the people don't want to rule, they don't want to be exploited by those who rule them, and they will resist exploitative rule, sometimes violently.  Frans de Waal saw that political assassination was also part of the Machiavellian politics of chimpanzees, in which resistance to exploitative rule established an "egalitarian hierarchy" in chimpanzee communities as opposed to a "despotic hierarchy."  

Christopher Boehm saw this in both chimpanzees and in the foraging ancestors of human beings--a natural tendency to counter-dominance--the natural propensity of individuals to resist being dominated.  Among some primates, subordinate individuals can resist excessive dominance and thus limit the power of dominant individuals.  Subordinate individuals can form large coalitions to challenge those at the top of the hierarchy.

Locke saw this natural resistance to exploitative dominance in the evolutionary state of nature as the natural support for an egalitarian hierarchy, in which some have higher status and power than others, and yet all men are naturally equal in their liberty to live without being ruled by anyone without their consent.


REFERENCES

Anderson, C., and R. Willer.  2014. "Do Status Hierarchies Benefit Groups?  A Bounded Functionalist Account of Status."  In The Psychology of Social Status, eds. J. T. Cheng, J. L. Tracy, and C. Anderson, pp. 47-70.  New York: Springer.

Bellow, Adam.  2004.  In Praise of Nepotism: A History of Family Enterprise from King David to George W. Bush.  New York: Knopf Doubleday.

Brown, Donald.  1991.  Human Universals.  Philadelphia: Temple University Press.

Cheng, J. T., and J. L. Tracy.  2014.  "Toward a Unified Science of Hierarchy: Dominance and Prestige Are Two Fundamental Pathways to Human Social Rank."  In The Psychology of Social Status, eds. J. T. Cheng, J. L. Tracy, and C. Anderson, pp. 3-27.  New York: Springer.

Christie, Richard, and Florence Geis.  1970.  Studies in Machiavellianism.  New York: Academic Press.

Dukas, R., and N. Bailey.  2024.  "Evolutionary Biology of Social Expertise." Biological Reviews https://doi.org/10.1111/brv.13115.

Frevert, T. K., and L. S. Walker. 2014. "Physical Attractiveness and Social Status."  Sociology Compass 8:313-323.

Henrich, Joseph.  2016.  The Secret of Our Success: How Culture is Driving Human Evolution, Domesticating Our Species, and Making Us Smarter.  Princeton: Princeton University Press.

Jones, B. C., et al.  2001.  "Facial Symmetry and Judgments of Apparent Health: Support for a 'Good Genes' Explanation of the Attractiveness-Symmetry Relationship."  Evolution and Human Behavior 22 (November): 417-429.

Lindqvist, Erik.  2012.  "Height and Leadership."  Review of Economics and Statistics 94:1191-1196.

Redhead, D., and E. A. Power.  2022.  "Social Hierarchies and Social Networks in Humans."  Philosophical Transactions of the Royal Society B: Biological Sciences 377:20200440.

Smith, Noah M. T., and Reuven Dukas.  2024.  "Winner and Loser Effects and Social Rank in Humans."  The Quarterly Review of Biology 99:157-174.

Tibbets, E. A., et al.  2022.  "The Establishment and Maintenance of Dominance Hierarchies."  Philosophical Transactions for the Royal Society B: Biological Sciences 377:20200450.

Wilson, Edward O.  1975.  Sociobiology: The New Synthesis.  Cambridge: Harvard University Press.

Zeng, T. C., J. T. Cheng, and J. Henrich.  2022.  "Dominance in Humans."  Philosophical Transactions of the Royal Society B: Biological Sciences 377:20200451.

Thursday, August 15, 2024

The Catholic Integralist Critique of Locke on Toleration: The Holy Spirit Cannot Overcome Religious Pluralism


Pope Gregory I (the Great), Pope from 590 to 604.  He is Writing in his Study.  The Holy Spirit as a Pentecostal Dove Whispers in His Ear.  Below, Scribes Copy His Work.  A Tenth-Century Ivory, Kunsthistorisches Museum, Vienna.

 

I have long argued that the desire for religious understanding is one of the twenty natural desires of our evolved human nature.  If the good is the desirable, then we can judge the goodness of a social order by how well it secures the conditions for human beings to pursue the satisfaction of those natural desires. 

The Catholic Integralists say that a Catholic Integralist regime is the best social order because it enforces belief in the one true religion in a Catholic confessional state, and thus satisfies the natural desire for religious understanding.  But they are mistaken because they fail to see that the evolved natural desire for religious understanding is pluralistic in that human beings will always disagree in what they believe to be the true religious experience of the transcendent world.  And there has never been a divine revelation of the religious truth clear enough to bring religious believers to agreement.  Whatever the Holy Spirit might have whispered to Pope Gregory the Great was not clearly heard by others.

The evolutionary science of religious pluralism supports John Locke's liberal theology of Christianity--that since "everyone is orthodox to himself," and "every Church is orthodox to itself,: there is no set of universal doctrines binding on all Christians, except perhaps the belief that Jesus is the Messiah; and therefore, there is no orthodoxy strictly speaking that can be properly enforced by government.  

For this reason, a Lockean liberal social order that secures religious liberty and religious toleration is the best regime for promoting the pluralistic pursuit of religious happiness.  It does this by creating a marketplace of religion in which churches compete for customers, and those churches that best satisfy the desire for religious experience increase their share of the market.  I have elaborated this argument in some previous posts.

But I haven't yet responded to Derek Remus's integralist critique of Locke's Letter Concerning Toleration.  This was originally published at the website for The Josias, the main online outlet for integralism, and then published in print in Integralism and the Common Good: Selected Essays from The Josias, volume 2: The Two Powers, edited by P. Edmund Waldstein (Brooklyn, NY: Angelico Press, 2022), 335-371.  Remus first wrote this paper as an undergraduate thesis at Thomas Aquinas College (Santa Paula, California).  Father Remus is now an Associate Pastor at St. Luke's Catholic Church in Calgary, Canada.

Remus's introduction to his paper is a brief history of Christianity and the relation between church and state.  He then states his thesis--that the Catholic Church is right about the proper relation between church and state, and Locke is wrong.

To support this thesis, the main body of his paper has three parts:  a summary of Locke's claims in A Letter Concerning Toleration, an exposition and defense of the Catholic Church's position on church and state that relies largely on Thomas Aquinas's teaching, and then a Catholic refutation of Locke's position.  

Finally, Remus adds an Appendix on the question of whether the Catholic integralist understanding of church and state can be defended in the modern world where Catholics are in the minority in many Western countries (such as the United States).

I will respond to each of these parts of his paper.  My references to Locke's Letter Concerning Toleration will be to the Liberty Fund edition edited by Mark Goldie (2010).


THE HISTORY OF CHRISTIANITY AND THE STATE

Remus's first two paragraphs survey the first 1600 years of the history of Christianity in relation to the state:

"The first three centuries of the Catholic Church's existence were a period of violent and bloody persecution at the hands of the Roman Empire--that is, the state.  The Church persevered through this trial, however, and, instead of diminishing, increased in proportion to the persecutions she suffered, until at last she was granted freedom of worship and hers was made the official religion of the Empire.  This was the beginning of that harmonious union between Church and state which gave rise to Christendom--a union in which the state recognized that its proper good was ordered toward a higher good, namely, eternal beatitude, and the Church, to the extent that affairs of state bore upon the salvation of souls, was solicitous about those affairs."

"This union lasted throughout Europe for twelve hundred years.  Then came the Protestant Reformation.  The divine origin of the papacy was challenged; the religious unity of Europe was shattered; Christendom unraveled.  The Church still existed, however, and the question of how governments ought to deal with her under the new order of things became an urgent problem for political philosophers" (335).

Remus then notes that while political philosophers like Hobbes and Spinoza thought the head of state should also be the head of the Church to ensure religious peace, Locke thought there should be a separation of church and state, with the church devoted to the salvation of souls in the afterlife, and the state devoted to securing the earthly goods of life, liberty, and the pursuit of happiness.  Moreover, Locke thought the state should tolerate all religions except when religious doctrines or practices threatened the peace of the community.

Remus observes that the United States has clearly adopted the Lockean position through Locke's influence on American Founders like Thomas Jefferson who insisted on "a wall of separation between Church and State."  Consequently, many American Catholics have adopted the Lockean view of church-state relations as the ideal that all nations should follow.

But this kind of thinking, Remus asserts, is "clearly opposed to that of the Church's Magisterium."  The "Magisterium" of the Catholic Church is its "teaching" function--the authority of the Church through the popes and the bishops to truthfully interpret the revealed Word of God as conveyed through the Bible and the Church's tradition.  So, here, Remus interprets the Church's Magisterium on the relation between Church and state by quoting from the papal pronouncements of three popes--Pius IX (1846-1878), Leo XIII (1878-1903), and Pius XI (1922-1939).  They all agree, in the words of Leo XIII, that the state is bound by divine law to support the "public profession of religion . . . not such religion as [men] may have a preference for, but the religion which God enjoins, and which certain and most clear marks show to be the only true religion"--the religion of the Catholic Church (337).  This shows, then, that Locke is wrong in arguing for the separation of church and state, because this contradicts the Catholic Church's teaching.

In this introductory section of his paper, Remus makes three dubious claims.  The first is that from the beginning of Christianity, the Catholic Church has been "the Church," the only Church, because it is the only truly Christian Church, or even "the only true religion," as Leo XIII declared, as confirmed by "certain and most clear marks."  

This denies the historical fact of religious pluralism in Christianity.  Contrary to Remus's assumption that there was no religious pluralism in Christianity prior to the Protestant Reformation, the history of Christianity beginning with the first Christians has been a history of disagreement over Christian doctrines and practices as manifest in the many schisms and heresies among Christians.  A Christian schism is when one Christian group divides into two groups that cannot live together as one religious community.  A Christian heresy is one Christian's religious belief that is considered false by other Christians.

Beginning in the early history of the Christian Church, there have been constant battles with one group of heretics after another.  For example, between AD 150 (with the Marcionist schism) and 1054 (with the Great Schism that separated the Latin Church in the West from the Greek Orthodox Church in the East), there were at least twenty-two major schisms in Christianity.

The Church Councils that met during the first five centuries of Christianity were called to rule against the numerous heresies that sprang up, many of which had to do with how to understand the place of Jesus Christ in the Trinity.  The first Council of Nicaea in 325 ruled against Arianism--the anti-Trinitarianism of Arius, an Alexandrian priest, who believed that while Jesus was the Son of God, he was not equal to God.  The Council of Ephesus in 431 ruled against Nestorianism--the teaching of Nestorius, the patriarch of Constantinople, that the incarnate Christ had two separate natures--one divine and the other human--and that Mary was only the mother of the human Jesus, and thus not the Mother of God.  The Council of Chalcedon in 451 ruled against the view of the Coptic Churches that Christ had only one divine nature (monophysitism) and in favor of the view that Christ had two distinct natures, one divine and one human, but united in one person (dyophysitism).  The Coptic Churches continue today in North Africa, the Near East, and Ethiopia.

Surveying the entire history of Christianity, Wikipedia has lists of over 50 schisms and over 40 heresies.  That's what I mean by religious pluralism in Christianity.  Later in his paper, Remus speaks of "that great achievement of contemporary man called religious pluralism" (370), as if there had been no religious pluralism until recently.  But that is obviously not true.

This religious pluralism in Christianity also denies Remus's second dubious claim in his introductory section--that there was a "harmonious union between Church and state" that sustained Christendom for twelve hundred years prior to the Protestant Reformation.  Beginning with Constantine, rulers who tried to enforce Catholic orthodoxy, often through violent coercion, were frustrated by the heresies and schisms that made it impossible to sustain any "harmonious union" of Christians.

In 313, the Roman Emperor Constantine I issued the Edict of Milan that granted religious freedom: Christianity and all other religions would be free from persecution.  Later, in 380, the Emperor Theodosius I issued the Edict of Thessalonica that declared Christianity as defined by the Nicene Creed of 325 as the official religion of the Empire; and those who disagreed with any part of the Nicene Creed--such as the Arians who denied that Jesus was of "the same essence" as God--could be punished by the Church and the state.  But the debate over trinitarian theology--often a violent debate--continued to fester for centuries.  These and other theological disputes created a religious pluralism among Christians that neither the Church nor the state could suppress.  Remus is silent about all of this theological conflict within Christianity.

The irresolvable problem of religious pluralism in Christianity eventually forced the Catholic Church in the Second Vatican Council to issue the "Declaration on Religious Freedom" or Dignitatis Humanae in 1965, which endorsed the human right to religious liberty and thus embraced the Lockean argument for religious toleration.  This denied the teaching of Leo XIII that divine law requires the state to enforce Catholicism as the true religion.  

This refutes the third dubious claim in Remus's introduction to this paper--the claim that the Church's Magisterium opposes Lockean religious liberty.  Strangely, however, Remus never even mentions Dignitatis Humanae anywhere in his paper.

Remus might agree with Thomas Pink's argument that Dignitatis Humanae was a change in policy but not a change in doctrine.  Pink explains: "The Church is now refusing to license the state to act as her coercive agent, and it is from that policy change, and not from any change in underlying doctrine, that the wrongfulness of religious coercion by the state follows."  The unchanged doctrine is that while the state has no authority on its own to coerce religious belief, because the ultimate authority over religious belief belongs to the Church, the Church can authorize the state to act as the "secular arm" of the Church in enforcing religious belief.  In particular, the Church can ask the state to punish those baptized Christians who have been condemned by the Church as heretics, apostates, or schismatics.  

Pink relies heavily on a passage in the first section of Dignitatis Humanae: "Religious freedom, in turn, which men demand as necessary to fulfill their duty to worship God, has to do with immunity from coercion in civil society.  Therefore, it leaves unchanged (integram) traditional Catholic doctrine on the moral duty of men and societies toward the true religion and toward the one Church of Christ."  Pink infers that if "traditional Catholic doctrine" remains "unchanged" by Dignitatis Humanae, that must mean that the traditional doctrine about the Church's authority to use the state as the "secular arm" of the Church in coercing religious belief has not been changed by Vatican II.  That Remus agrees with Pink about this is perhaps suggested by the fact that Remus's paper in Integralism and the Common Good is immediately preceded by a paper by Pink, and both papers are in a section of the book with the title "Religious Liberty."

As I have argued, there are lots of problems with Pink's reading of Dignitatis Humanae.  One is that there is no reference anywhere in Dignitatis Humanae to the "secular arm" doctrine of the Catholic Church.  Another problem is that when the Catechism of the Catholic Church (2105) quotes the passage about the "unchanged traditional Catholic doctrine on the moral duty of men and societies toward the true religion," the Catechism explains this as affirming the moral duty of the Church to be "constantly evangelizing men," and nothing is said about the possibility of using a "secular arm" to coerce Catholic faith.  Remus is silent about all of this.


LOCKE'S FIVE ARGUMENTS FOR TOLERATION

In summarizing Locke's Letter Concerning Toleration, Remus correctly identifies four of Locke's main arguments (341-42).  But he fails to recognize the importance of a fifth argument, which is actually Locke's primary argument.  

Remus also fails to see the importance of Locke's numerous references to the New Testament as providing crucial scriptural support for his arguments.  Unlike Locke, Remus provides almost no scriptural support for his arguments--he quotes from the New Testament only once.  Consequently, Remus seems unwilling or unable to refute Locke's claim that the New Testament teaches liberal toleration.

Locke makes four arguments for why the state (or "Commonwealth" as Locke calls it) secures only the "civil interests" or "civil goods" in caring for "the things of this World," and therefore it must be separated from the churches that secure the salvation of souls in "the World to come."

First, the care of souls has not be committed to any civil magistrate by anyone--neither by God nor by consent of the people (LCT, 13).

Second, "the care of Souls cannot belong to the Civil Magistrate, because his Power consists only in outward force: But true and saving Religion consists in the inward persuasion of the Mind; without which nothing can be acceptable to God" (LCT, 13).

Third, even if outward force could influence people's religious beliefs, this would not necessarily lead to the salvation of their souls, because given "the variety and contradiction of Opinions in Religion" among political rulers, most rulers would favor false religions that would lead to the eternal damnation of most people (LCT, 14-15).

Fourth, the duty of the magistrate to secure the civil interests of everyone does not require enforcing any religious belief, because my neighbor's religious beliefs do not affect my civil interests (LCT, 20, 37, 44-46).  Thomas Jefferson expressed this Lockean argument for religious liberty in a memorable way: "The legitimate powers of government extend to such acts only as are injurious to others.  But it does me no injury for my neighbor to say there are twenty gods, or no god.  It neither picks my pocket nor breaks my leg" (Notes on Virginia, Query XVII).

Although Remus rightly identifies these four arguments, he ignores Locke's primary argument set forth in the first pages of the Letter Concerning Toleration--that toleration is "the chief Characteristical Mark of the True Church," because "every one is Orthodox to himself," and Jesus taught Christians to show "Charity, Meekness, and Good-will in general towards all Mankind," so that the "Toleration of those that differ from others in Matters of Religion, is . . . agreeable to the Gospel of Jesus Christ" (7-12).

To prove this, Locke quotes from the New Testament 6 times in this introductory section, and a total of 14 times in the whole of the Letter Concerning Toleration.  He also quotes from the Old Testament 5 times in order to contrast the Mosaic theocracy of the Old Testament and the religious liberty of the New Testament.  The "Commonwealth of the Jews" was an "absolute Theocracy," so that there was no difference between the Commonwealth and the Church; and "God himself was the Legislator."  "But there is absolutely no such thing, under the Gospel, as a Christian Commonwealth," because Jesus "instituted no Commonwealth."  "Nor put he the Sword into any Magistrate's Hand, with Commission to make use of it in forcing men to forsake their former Religion, and receive his" (42).

As I have argued in previous posts, the proponents of early modern classical liberalism like Locke could plausibly read the New Testament as teaching religious toleration and religious liberty.  Remarkably, Remus is silent about all this.  He quotes from the Bible only once when he quotes Matthew 28:19: "Going therefore, teach ye all nations; baptizing them in the name of the Father, and of the Son, and of the Holy Ghost" (357).  So, he never attempts to refute Locke's interpretation of the Bible.

Last year, I wrote about how the coronation of King Charles III of Great Britain showed the acceptance of Locke's liberal interpretation of New Testament Christianity as supporting toleration and religious liberty. 


REMUS'S REDUCED INTEGRALISM

After explaining Locke's account of the separation of church and state, Remus turns to "the way things really are," or to "the truth about Church and state" as taught by the Catholic Church.  This is a teaching about "the primacy of the common good," and defending this teaching must move through five steps, as explained by "the Common Doctor of the Church, St. Thomas Aquinas" (337, 346-47).

First, Remus shows how the common good is preferable to the private good.

Second, he shows how the end of the state is the political common good.

Third, he shows how religion promotes the political common good.

Fourth, he shows how the end of the Church established by Christ is the common good of eternal beatitude.

Fifth, the rulers of the state are subject to the rulers of the Catholic Church in so far as the lower common good of politics must serve the higher common good of eternal beatitude.

Although Remus does not explicitly say that this teaching is Catholic Integralism, it clearly is.  But what's remarkable about Remus's account of this teaching is that it is a reduced Catholic Integralism.  A full Catholic Integralism, such as found in the teaching of Thomas Aquinas and in the history of the Catholic Church prior to Dignitatis Humanae in 1965, includes the claim that the Catholic Church has the divine right to employ the state as its secular arm in persecuting and even killing heretics.  Remus rejects this claim because he agrees with Locke about "the unjustness of using the state to kill and persecute one's neighbor on account of religion" (338, 362).  Although he does not explicitly explain to his reader what he is doing, Remus is reducing or revising the Catholic tradition of integralism by rejecting the traditional integralist claim that the Church is divinely commanded to persecute and even kill heretics.

The clearest indication of what Remus is doing is in his selective reading of Thomas Aquinas and of the history of the Catholic Church's persecution of heretics.  Remus is silent about Aquinas's endorsement of the Inquisition.  Aquinas taught that heretics--those who claim to be Christians but deny some of the doctrines of the Church--can be rightly compelled to keep the faith.  Heretics must be given repeated chances to recant their heretical beliefs, but if they refuse, they can be rightly executed (ST, II-II, q. 10, aa. 8, 11; q. 11, a. 3).  Aquinas cannot cite any passages from the New Testament that condone the killing of heretics, because as Locke pointed out, there are none.  Remus says nothing about this.

Remus also says nothing about the history of the Catholic Churches execution of heretics.  For example, in 1415, Jan Hus, a Catholic priest who sought to reform the Church, was condemned by the Council of Constance to be burned at the stake for heresy.  He sang hymns as he was burned to death.  Hus was a charismatic priest who inspired his followers in Bohemia to defeat five consecutive papal crusades against them from 1420 to 1431--the Hussite Wars.  Hus and the Hussites were intensely pious Christians.  Similarly, Martin Luther and the other Protestant Reformers were all intensely pious.  Thus does the mystical experience of grace--of being divinely inspired with an experience of the transcendent--often move Christians to dissent from Catholic orthodoxy.

Remus says nothing about this.  He claims that God's revealed truth is conveyed to believers by the "grace of the Holy Spirit" (356).  But he is silent about how pious Christians like Jan Hus and the Protestant Reformers were inspired by the Holy Spirit to dissent from the Catholic Church, which exposed them to the violence of the Inquisition.  This shows that the grace of the Holy Spirit cannot overcome religious pluralism by conveying the message of revelation so clearly that all or most believers can agree on that revealed truth.

Remus also says nothing about how some of the recent popes--John Paul II and Benedict XVI--have asked forgiveness for the Church's history of violence against heretics.


A REFUTATION OF LOCKE'S "GODLESS STATE"?

Remus begins his paper by promising his readers that he will refute Locke's position on church and state in the light of the Church's position.  But when Remus comes to that part of his paper, his supposed refutation of Locke's "godless state" actually agrees with Locke on some crucial points, which explains why his reduced Integralism is so different from the Church's traditional Integralism.

As already indicated, Remus agrees with Locke that it is unjust to persecute and kill people because of their religious beliefs.  He also says that "the Catholic Church agrees with Locke that it is unjust for the state to force its citizens to perform acts whereby they become members of a given religion, even if that religion is the true one" (362).  The reason for this is that Locke is right in saying that faith is not real if it depends on "outward force" without "inward and full persuasion of the mind."

But still, Remus observes, Locke is wrong not to see how even though the coercive force of the state cannot influence the mind and will directly, that force can influence the mind and will indirectly by creating social conditions that help Catholic citizens fortify their faith and become more effective in persuading non-Catholic citizens to become Catholics. 

Remus says that "in a nation where most people are Catholic," and the rulers are Catholic, there are four ways in which the state can rightly use force to indirectly favor the Catholic Church without directly forcing anyone to become a Catholic (360, 362).   The state can refuse to give marriage licenses to Catholics who have been married in a non-Catholic marriage ceremony, because according to the Catholic Church, this is not a real marriage.  The state can require that students in state schools are instructed in the Catholic faith.  The state can prohibit the building of non-Catholic schools.  And, finally, "the state also has the right to prohibit the propagation of opinions in the press which are opposed to its citizens' attainment of heaven, such as opinions that are blasphemous or constitute an attack on the Church" (360).  This is what I mean by Remus's reduced Catholic Integralism: the state uses force to favor the Catholic Church, but without the killing of people for public heresy and blasphemy that was part of traditional Integralism.

But notice that Remus recommends this only for countries where the majority of the citizens are Catholic, and the rulers are Catholic.  Why couldn't Protestants turn this argument around to say that these same four ways for the state to enforce religious belief could be used to enforce a Protestant religion in countries where most of the people and the rulers are Protestant?

In fact, that was the argument of the High Church Anglican Protestant Jonas Proast, who wrote three tracts criticizing Locke's Letter Concerning Toleration, which provoked a prolonged debate between Proast and Locke.  Like Remus, Proast argued that while Locke was right in saying that the mind cannot directly be coerced into religious belief, Locke failed to see how legal coercion with moderate penalties without persecution could indirectly dispose men's minds to submit to religious instruction.  Also like Remus, Proast insisted that this use of legal coercion to enforce religion was proper only for enforcing the "true religion."  But, of course, for Proast, the evidence clearly showed that Anglicanism was the true religion, and Catholicism was a false religion.  (Proast's three tracts are available in the 5th volume of The Reception of Locke's Politics, edited by Mark Goldie [London: Pickering and Chatto, 1999], 25-128.)

Here's Remus's response: "To say that the state has a care of souls and that it has a duty to worship God, however, is not to say that the state may adopt whatever religion it happens to like or even judges to be true.  Rather, it is to say that the state has a duty to adopt the religion which has truly been revealed by God, namely, the Catholic religion" (363).  Remus then quotes from Leo XIII's Immortale Dei (1885), saying that "it is evident that the only true religion is the one established by Jesus Christ Himself, and which He committed to His Church to protect and to propagate."  Remus does not notice, however, that Leo cited many New Testament verses as supporting this claim.

The most important New Testament text for Leo and other Integralists as establishing Catholicism as the true religion was Matthew 16:18-19, where Jesus says to Peter: "And I say also unto thee, That thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it.  And I will give unto thee the keys of the kingdom of heaven: and whatsoever thou shalt bind on earth shall be bound in heaven: and whatsoever thou shalt loose on earth shall be loosed in heaven."  The Latin version of these words is inscribed around the base of the dome of the Basilica of St. Peter in Rome, in letters six feet high.  On these few words rests the entire structure of the Roman Catholic Church.  Catholics interpret these words as teaching that the Apostle Peter was chosen by Jesus Christ Himself to be the first pope--the Bishop of Rome--and all the other popes have been the direct successors of Peter as the Bishop of Rome, and thus have had the papal authority granted originally by Jesus.

                                                      The Dome of St. Peter's Basilica


Remarkably, Remus says nothing about Matthew 16:18-19.  Locke denies that Jesus ever conferred on any bishop of a church "Ruling Authority derived from the very Apostles, and continued down unto the present times by an uninterrup0ted Succession" (16).  But, oddly, Locke never mentions Matthew 16:18-19.

Locke could have argued that there are good reasons to doubt the Catholic interpretation of these verses.  First of all, these words in the Gospel of Matthew do not appear in any of the other Gospels, which should make one suspicious.  Secondly, it's not clear what Jesus meant by these words.  The word for "church" (ecclesia) occurs only twice in the four Gospels, and it's not clear that Jesus was really thinking about founding a church.  Moreover, Jesus says nothing about Peter having an endless number of successors who would inherit his apostolic authority; and Jesus says nothing about there being bishops in Rome.  And one would think that Jerusalem would be more important than Rome for Jesus.  Furthermore, there is no evidence in the New Testament that Peter ever went to Rome.  There is no contemporary reference to Peter as having been a bishop in Rome.  And the first indications of there being a bishop in Rome come from the second century.

What is said in the New Testament about the first Christian churches confirm Locke's claim that they were "voluntary and free societies" that did not use violent coercion to enforce belief, although they did excommunicate those they deemed deviants from church norms.  And while these churches had bishops, there is no evidence that there was a strict hierarchy of bishops with the bishop of Rome enforcing orthodoxy on all the churches.

So, again, it seems that the New Testament teaches the classical liberal principles of religious liberty and religious toleration.


INTEGRALIST CATHOLICS ARE INTOLERABLE

In his Appendix, Remus responds to the objection that in modern countries like the United States with religious pluralism, and where Catholics are in the minority, it seems absurd to propose that the Catholic Church should be the established church enforced by the state.  Remus's answer is that yes, in these circumstances, a Catholic confessional state is not practicable, and so it would be imprudent for the Catholic Church to insist that the governments in these countries should subject themselves to the religious rule of the Catholic Church.

Nevertheless, Remus argues, the imprudence of doing this does not deny the truth of what he has said about the proper relationship between the Church and the state.  Consequently, Catholics are obligated to strive to win as many converts to Catholicism as they can, as they work toward achieving the social and political power over their societies that will someday allow the Catholics to establish the rule of the Catholic Church and to use legal force to restrict the religious freedom of non-Catholics.

Locke argued that churches that do not teach and practice religious tolerance of other religions cannot themselves be tolerated.  Remus agrees!  "A government which holds in principle that it must treat all religions within its domain equally and that those religions must in turn refrain from any intervention in politics cannot tolerate the Catholic Church and be consistent with itself" (371).

Amazingly, the final conclusion of Remus's argument for Catholic Integralism and against Lockean toleration is that Lockean liberal regimes like the United States must not tolerate Catholic Integralists.

 

Saturday, August 10, 2024

Black Armed Rebellion Against the Fugitive Slave Laws

An 1872 Depiction of the Shooting of Edward Gorsuch at the "Christiana (Pennsylvania) Riot," in 1851


The Fugitive Slave Law of 1850 was passed by the United States Congress on September 18, 1850, as part of a package of laws called the Compromise of 1850, which was an attempt to mediate the conflict between proslavery interests in the South and abolitionists and free-soilers in the North so as preserve the Union.  Over the next ten years, the violent resistance to the law in the North and the anger of Southerners who complained that the law was not fully enforced contributed to the polarization over slavery that provoked the Civil War.  The violent rebellion against the law--by both black and white people--was justified as both a natural right and a constitutional right to use armed violence in defense of life and liberty.  Proslavery Southerners objected that this violated their constitutional right to have their runaway slaves returned to them.

Throughout the history of slavery over thousands of years, slaves have run away from their enslavement; and they have used violence to defend themselves against slave catchers.  But this had never led to the abolition of slavery as a system, because while runaway slaves don't want to be enslaved themselves, they do not necessarily object to the enslavement of others.

But in the black violent resistance to the fugitive slave laws, many of the runaway slaves--people like Frederick Douglass and Harriet Tubman--helped other slaves to escape through the Underground Railroad.  So, these slaves were seeking freedom not just for themselves but for all slaves; and they were justifying this by appealing to the abolitionist principle that all human beings are naturally entitled to equal liberty.


                                                    Harriet Tubman Always Carried a Gun

TWO FUGITIVE SLAVE LAWS

The abolitionists were challenging the constitutional authority for the fugitive slave laws supposedly rooted in a clause in Article IV, Section 2, Clause 3, of the Constitution:

"No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due."

The Fugitive Slave Act of 1793 was the first legislative enforcement of this clause.  Fugitive slaves in free states could be seized or arrested by the slave owner or his agent and taken before a federal judge or a local magistrate.  The slave catcher would then have to prove to the judge or magistrate through oral testimony or an affidavit that the person seized or arrested was indeed a slave who owed service or labor to the person claiming him or her.  It would then be the duty of the judge or magistrate to issue a certificate that would warrant the return of the slave to the state or territory from which the slave had escaped.  Anyone who obstructed or hindered the claimant in taking the slave could be fined five hundred dollars.

To prevent or restrict the enforcement of this law, many of the state governments in the North passed "personal liberty laws" to impede the capture and return of fugitive slaves.  Some of the most common of these laws allowed jury trials for escaped slaves and prohibited state authorities from cooperating with the slave catchers.  In jury trials, juries often refused to convict fugitive slaves and thus nullified the fugitive slave law (Morris 2010).

Armed black violence also obstructed the enforcement of the 1793 fugitive slave law.  Here are a few examples.  In 1806, Ned Page and his wife had escaped from slavery in Kentucky; and they were traveling near Dayton, Ohio.  They were in a tavern.  Two armed men entered, and they were ready to take the Pages back south as slaves.  Ned pulled a pistol and threatened to kill them.  Some friends came to his support.  The two slave catchers were arrested and charged with breach of the peace.

In 1810, in Jefferson, Ohio, slave catchers captured a family of fugitive slaves, tied them up, and started marching them south.  They were stopped by a group of twenty black men armed with guns and other weapons.  Under the threat of a fight, the Southerners agreed to present their claim to a local magistrate, who ruled that the black fugitives should be freed.  The slave hunters were charged with assault.  After posting bail, they rode away.

In 1820, John Reid was a fugitive slave living in Kennett Township, Pennsylvania.  Armed slave catchers broke through the door of his cabin.  Reid grabbed his gun.  He shot dead Samuel Griffith, who had been his owner.  His single-shot gun was now spent.  So, he used a club to kill Peter Shipley, who had been his overseer.  Although Reid was charged with murder, the jury acquitted him on the murder of Griffith and convicted him of a lesser charge in the killing of Shipley (Johnson 2014: 39-40; Harrold 2010: 25-27, 32, 95).

There were hundreds of similar cases in which armed fugitive slaves successfully resisted slave catchers with the help of sympathetic local magistrates and juries.  That is why proslavery Southerners demanded a new more effective fugitive slave law in 1850.

The Fugitive Slave Law of 1850 did indeed favor the slave catchers.  Enslavers needed only to provide an affidavit stating their claim on a fugitive slave to a federal marshal to capture the fugitive.  Federal circuit courts were to appoint commissioners who would hold hearings to determine whether someone was a fugitive slave based only on the sworn testimony of a slave catcher.  The person charged as a fugitive slave had no right to testify in his defense, no right to trial by jury, and no right to a writ of habeas corpus.  A commissioner was paid ten dollars if he found that an individual was a fugitive slave, but only five dollars if he found that this was a false charge.  Anyone helping fugitive slaves to escape could be charged with a crime and subject to a fine of up to one thousand dollars and imprisonment up to six months.

Shortly after the passage of this new fugitive slave law, libertarian abolitionist Lysander Spooner published A Defence for Fugitive Slaves.  He argued that since slavery was both unjust and unconstitutional, people held as slaves had the right to run away, and other people had the right and the duty to help them.  Therefore, the fugitive slave laws of 1793 and 1850 were unjust and unconstitutional.


SPOONER'S ATTACK ON THE FUGITIVE SLAVE LAWS

For Spooner, the unconstitutionality of slavery and fugitive slave laws is indicated by the simple fact that the words "slave" and "slavery" never appear in the Constitution.  What has been called the "Fugitive Slave Clause" of the Constitution says nothing about "fugitive slaves."  Rather, it says, "No Person held to Service or Labour in one State, under the Laws thereof, escaping into another" shall be discharged from their service or labor.  A "person held to service or labour" is standard legal language for a person who has a contractual obligation as a servant to someone, and such a servant is not a slave.  "Now a slave is not 'held' by any legal contract, obligation, duty, or authority, which the laws will enforce," Spooner observed.  "He is 'held' only by brute force" (46).

Spooner noted that at the Constitutional Convention, Pierce Butler and Charles Pinkney (delegates from South Carolina) proposed clear language "to require fugitive slaves and servants to be delivered up like criminals."  But the delegates never agreed to this language that would have expressly identified "fugitive slaves" along with "servants" (Farrand 2:443). 

Spooner pointed out that, at the Virginia Ratification Convention in 1788, James Madison quoted the language in the final text of the Constitution about "no person held to service, or labour"; and he asserted: "This clause was expressly inserted to enable owners of slaves to reclaim them" (Bailyn 1993, 2:707).  But actually this clause did not "expressly" mention "slaves," as had been proposed by Butler and Pinkney.

Even if Madison was expressing the original intent of many people at the Constitutional Convention and the Ratifying Conventions, he was not expressing what Spooner identified as the original meaning of the text of the Constitution.  Spooner thus became the earliest proponent of the constitutional jurisprudence of textualist originalism.

Spooner also insists that this original meaning of the constitutional text must be known to the people who ordained and established the Constitution: "We the People."  Consequently, the common assertion that the judiciary has the right to decide all constitutional questions authoritatively for the people is mistaken.  Nowhere in the Constitution is it stated that the judiciary is the final authoritative interpreter of the Constitution.  The people must decide for themselves whether a judicial decision has correctly interpreted the original meaning of the Constitution.  

"In the very nature of things, nothing but the law can be binding upon anyone," Spooner explained.  "An unconstitutional judicial decision is no more binding, than an unconstitutional legislative enactment--and a man has the same right to resist, by force, one as the other, and to be tried for such resistance by a jury, who judge of the law for themselves."  Since juries have the right to judge both the constitutionality of the law and the justice of the law, juries can nullify the fugitive slave laws if they judge them to be unconstitutional and unjust.

That Spooner was right about the unconstitutionality of the fugitive slave laws was confirmed by the framing of the Constitution of the Confederate States of America in 1861.  As I have indicated in a previous post, the Confederate Constitution is largely a word-for-word copy of the U.S. Constitution (as it existed in 1861), except that while the U.S. Constitution never uses the words "slave" or "slavery," the Confederate Constitution uses those words nine times.  This is the case for the clause about returning fugitives.  While the U.S. Constitution says, "No Person held to Service or Labour . . .", the Confederate Constitution says, "No slave or other person held to service or labor."  Thus, the text of the Confederate Constitution has an expressly stated fugitive slave clause, while the text of the U. S. Constitution does not.

But even if, for the sake of argument, we assumed that the U. S. Constitution did have a fugitive slave clause, we could still argue, as Spooner did, that the fugitive slave laws were unconstitutional.  He gave various reasons for this.  These laws deny the slave's rights to trial by jury and to the writ of habeas corpus, although these rights are guaranteed by the Constitution.  The Fugitive Slave Law of 1850 authorizes cases to be decided wholly by ex parte testimony, because it requires a judge or commissioner to decide a dispute through testimony by one side only--the slave catcher--while prohibiting the alleged fugitive from testifying in his own defense or confronting his accusers.  The law declares: "In no trial or hearing, under this act, shall the testimony of such alleged fugitive be admitted."  This is unconstitutional because excluding testimony is an exercise of the judicial power vested by the Constitution in the courts.  This legislation is thus a usurpation by Congress of the judicial power.

Having shown that the fugitive slave laws were unconstitutional, Spooner argued, he could then conclude that the people have a constitutional and natural right to resist those laws--even violent resistance.  Without any constitutional authority, the officers appointed to execute these laws are "mere ruffians and kidnappers," who may be lawfully resisted like any other ruffians and kidnappers.  Everyone is legally and morally obligated to rescue anyone assaulted or restrained by them.


    An April 24, 1851, Poster Warning about Boston Policemen Acting as Kidnappers of Fugitive Slaves


Spooner saw a constitutional right to armed resistance to the fugitive slave laws stated in the Second Amendment: "The right of the people to keep and bear arms shall not be infringed."  When the government goes beyond, or contrary to, the textual meaning of the Constitution, and there is no peaceful remedy for this usurpation of power, then the people have the constitutional and natural right to resort to armed resistance as the only remedy.

Frederick Douglass expressed this thought in blunt terms:  "The true remedy for the Fugitive Slave Bill is a good revolver, a steady hand, and a determination to shoot down any man attempting to kidnap" (Frederick Douglass's Paper, June 9, 1954).  One of the most famous examples of that harsh remedy occurred in a small town in Pennsylvania.


THE CHRISTIANA RIOT

As dawn broke on the morning of September 11, 1851, William Parker was in his farmhouse outside of Christiana, in Lancaster County, Pennsylvania, preparing for the arrival of Edward Gorsuch, a slaveholder from Maryland who was coming with a federal warrant to recover his four runaway slaves.  What happened on that morning would be reported in newspapers across the United States with big headlines such as "CIVIL WAR, FIRST BLOW STRUCK" (Slaughter 1991).

Parker had been born a black slave in Maryland.  When he was seventeen, he ran away to the free state of Pennsylvania and settled in Christiana, only twenty miles from the Maryland border.  In 1851, he was 29 years old.

Slave catchers often came to this part of Pennsylvania looking for fugitive slaves.  Sometimes, the slave catchers kidnapped free blacks that they could sell into slavery in the South.  For at least twenty years, there had been a mutual protection society of blacks in the area, who alerted their neighbors when slave catchers were around, and they would retrieve any blacks taken captive before they could be taken back across the state line to Maryland.  Parker joined this group, and he became an active conductor for the Underground Railroad.

When Gorsuch in Maryland discovered that four of his twelve slaves had run away, he found out that they had likely gone to Lancaster County.  On September 9th, he was in Philadelphia, where he obtained a federal warrant under the Fugitive Slave Act for the arrest of the four runaway slaves.  Henry Kline, a deputy Federal Marshall, was authorized to make the arrest.  In Philadelphia, there was a Special Secret Committee of people who were organized to watch the federal courthouse, looking for slave catchers getting federal warrants.  One member of the group followed Gorsuch and Kline, and he warned the black community around Christiana that they were coming.

Gorsuch's posse entering Christiana included Kline, Gorsuch's son Dickinson, two nephews of Gorsuch, and two other men.  This party of Gorsuch's men were led at night on September 11 by a hired white guide, who led them to Parker's house just before dawn and then left.  Parker was in the house with his wife, her sister, three other men, and two of Gorsuch's slaves.  Parker and his household moved to the second floor of the house with their guns so that they would be in the best position to defend themselves.

Gorsuch's party surrounded the house, and Kline shouted that he was a Federal Marshall with a warrant for seizing the slaves.  Parker and his household argued with Gorsuch and his men.  Parker's wife blew a horn that was a signal that they needed help from local blacks.

Someone fired shots, but no one was injured.  Some of those in the posse recommended that they retreat and then recruit a larger group of men.  But Gorsuch refused.  Parker asked for time so that he and his household could talk about whether to give up the runaway slaves.  Parker might have been delaying to allow time for reinforcements to arrive.  Over the next 30 minutes, several unarmed white neighbors arrived, along with 75 to 150 armed blacks.  Kline identified himself to the white men as a Federal Marshall, and he asked them to join in arresting the fugitive slaves.  One of the white men--Caster Hanway--said that they would not help in the arrest, and he told Kline and his men to leave to avoid bloodshed.  Kline warned that they were committing a federal crime by refusing to help with the arrest.

One of Gorsuch's slaves came out of the house.  When Gorsuch challenged him, he clubbed Gorsuch until he fell to the ground.  Gorsuch was then shot multiple times, and he died.  When Gorsuch's son jumped in to help, he too was shot multiple times, but he later recovered.  As soon as the violence started, Kline and others in the posse ran away.

Parker, Gorsuch's four fugitive slaves, and some other blacks fled north to Rochester, New York, to the home of Frederick Douglass.  Parker and Douglass had known one another when they were both slaves in Maryland.  Douglass arranged for the group to catch a ferry to Canada.  Parker gave Douglass a revolver that he said had been used to kill Gorsuch.  Douglass cherished it for the rest of his life as a trophy.

Some white slave owners had been killed prior to 1850 in attempts to enforce the Fugitive Slave Act of 1793.  But Gorsuch was the first white slave owner to be killed since the passage of the Fugitive Slave Act of 1850.  This created public pressure on the federal government to show that violent resistance to the new fugitive slave law would be severely punished.  President Millard Fillmore--who had been instrumental in passing the Compromise of 1850--called out the marines to search the area around Christiana.  41 men (36 blacks and 5 whites) were arrested and charged with treason.  Parker and the four fugitive slaves in Canada were charged in absentia.

Caster Hanway--one of the five white men charged--was the first to be indicted.  The trial in Philadelphia lasted from November 24 until December 11, 1851.  The lead judge in the case--Supreme Court Justice Robert Grier--instructed the jury that treason would have to be a conspiracy of a public nature to overthrow the government or hinder the execution of the law.  He suggested that the Christiana resisters were acting for purely personal motives.  "A number of fugitive slaves may infest a neighborhood, and may be encouraged by the neighbors in combining to resist the capture of any of their number; they may resist with force and arms. . . . Their insurrection is for a private object and connected with no public purpose."  Perhaps influenced by this instruction from the judge, the jury took on 15 minutes of deliberation to vote for acquittal.  However, the jury might also have been moved by Spooner's idea that juries can rightly nullify laws that they regard as unconstitutional or unjust.

After Hanway's acquittal, the federal prosecutors dropped the treason prosecutions.  They could have charged the remaining black defendants with riot and murder, but they worried that remanding them for trial on these state offenses would probably result in lenient treatment by county court and juries.  Ultimately, then, no one was convicted of a crime.

This case evoked some public sentiment in support of the armed resistance to what many regarded as an unconstitutional and unjust fugitive slave law.  But there was also popular scorn (in both North and South) for abolitionist violence that violated the constitutional right of slaveowners to have fugitive slave laws enforced.

This one dramatic example of armed black resistance to the Fugitive Slave Law of 1850 raises three kinds of questions.

The constitutional question is, Did the resisters have a constitutional right to use armed violence to resist the Fugitive Slave Law as being unconstitutional?

The moral question is, Did they have a natural right to resist that law with armed violence to defend their life and liberty?

The political question is, Was this a politically prudent way to advance popular support for the abolitionist cause?

It should also be noted that, at least by historian Thomas Slaughter's reckoning, the Fugitive Slave Law of 1850 as it was enforced really did favor the slaveowners.  During the first 15 months after the law was passed, 84 alleged fugitive slaves were sent back South by federal commissioners, and only 5 were set free.  Over 10 years, 332 blacks were sent back to slavery, and only 11 were released by federal commissioners.


REFERENCES

Bailyn, Bernard, ed.  1993.  The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle over Ratification.  2 vols.  New York: Library of America.

Farrand, Max, ed.  1937.  The Records of the Federal Convention.  4 vols.  New Haven, CN:  Yale University Press.

Harrold, Stanley.  2010.  Border War: Fighting over Slavery before the Civil War.  Chapel Hill: University of North Carolina Press.

Johnson, Nicholas.  2014.  Negroes and the Gun: The Black Tradition of Arms.  Amherst, NY: Prometheus Books.

Morris, Thomas.  2010.  Free Men All: The Personal Liberty Laws of the North, 1780-1861.  Baltimore, MD: Johns Hopkins University Press.

Slaughter, Thomas.  1991.  Bloody Dawn: The Christiana Riot and Racial Violence in the Antebellum North.  New York: Oxford University Press.

Spooner, Lysander.  1850.  A Defence for Fugitive Slaves, against the Acts of Congress of February 12, 1793, and September 18, 1850.  Boston:  Bela Marsh.